Costa & Company Private Limited vs Costa Limited

K.N. Basha, J

1 . These two applications are filed for the removal of trade mark COSTA under registration No. 1237964 in Class 42 & 30 registered in the name of respondent.

2 . Mr. Arun C. Mohan, the learned counsel for the applicant has already sent a communication dated 28/05/2015 to the Registry stating that both the matters settled amicably between the parties on the basis of agreement arrived between them and also produced the agreement copy signed by both the parties dated 07/05/2015.

Mr. Vishnu Mohan Rathinam, the learned counsel for the respondent is also present today and submitted that both the matters was settled amicably between the parties on the basis of terms and condition incorporated in the agreement dated 07/05/2015. The learned counsel for the respondent would submit that the proceedings initiated mutually by both the parties against each other have already been withdrawn and in view of clause 1 under the heading OTHER OBLIGATIONS OF BOTH CCPL and CL, bo the Rectification Applications are liable to be withdrawn as not pressed.

4 . In view of the above said agreement of compromise arrived between the parties dated 07/05/2015 and in view of the submission made by the learned counsel for the respondent and as well as the communication sent by the learned counsel for the applicant dated 28/05/2015, both the Rectification Applications are hereby dismissed as withdraw as not pressed.